Senate Bill sb1774c2
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    Florida Senate - 2006                    CS for CS for SB 1774
    By the Committees on Regulated Industries; Community Affairs;
    and Senator Constantine
    580-2261-06
  1                      A bill to be entitled
  2         An act relating to building codes; authorizing
  3         the Florida Building Commission to update and
  4         modify the standard for wind design; expressly
  5         superseding a provision; amending s. 399.15,
  6         F.S.; revising the dates by which the elevators
  7         in certain buildings must be keyed to allow
  8         regional emergency elevator access; amending s.
  9         553.71, F.S.; deleting the definition of
10         "exposure category C"; amending s. 553.73,
11         F.S.; authorizing the Florida Building
12         Commission to adopt certain limited amendments
13         to the Florida Building Code pursuant to rule
14         adoption procedures for certain purposes after
15         triennial updates; authorizing authorities to
16         enforce such amendments; specifying amendment
17         criteria; amending s. 553.775, F.S.;
18         prohibiting certain procedures from being
19         invoked to interpret or review the Florida
20         Accessibility Code for Building Construction
21         and chapter 11 of the Florida Building Code;
22         amending s. 553.791, F.S.; providing for the
23         use of private providers of building code
24         inspection services under certain
25         circumstances; amending s. 633.0215, F.S.;
26         authorizing the State Fire Marshal to adopt
27         certain limited amendments of the Florida Fire
28         Prevention Code pursuant to rule adoption
29         procedures for certain purposes after triennial
30         updates; authorizing authorities to enforce
31         such amendments; specifying amendment criteria;
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 1         deleting a provision authorizing approval of
 2         certain technical amendments to the Florida
 3         Fire Prevention Code, notwithstanding the
 4         3-year update cycle; amending s. 633.021, F.S.;
 5         defining the term "fire hydrant" for the
 6         purpose of the Florida Fire Prevention Code;
 7         amending s. 633.082, F.S.; providing for the
 8         inspection of fire hydrants by the State Fire
 9         Marshal; requiring that each fire hydrant be
10         opened fully at least once each year to clear
11         foreign materials in the system; providing that
12         a fire hydrant made nonfunctional by the
13         closing of a water supply valve must
14         immediately be tagged with a red tag that is
15         boldly marked "nonfunctional"; repealing s.
16         633.5391, F.S., relating to backflow prevention
17         assembly inspection; providing an effective
18         date.
19  
20  Be It Enacted by the Legislature of the State of Florida:
21  
22         Section 1.  The Florida Building Commission may update
23  or modify the wind-design standard applicable to construction
24  in this state as adopted within the Florida Building Code in
25  accordance with the requirements of s. 553.73, Florida
26  Statutes. The Florida Building Commission is specifically
27  authorized to identify within the Florida Building Code those
28  areas of the state from the eastern border of Franklin County
29  west to the Florida-Alabama line which are subject to the
30  windborne-debris requirements of the code. The Florida
31  Building Commission's initial designation of wind lines for
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 1  this region shall address the results of the study required by
 2  section 39 of chapter 2005-147, Laws of Florida. The initial
 3  designation of those areas after July 1, 2006, is subject to
 4  only the rule-adoption procedures of chapter 120, Florida
 5  Statutes, notwithstanding the code-development procedures of
 6  chapter 553, Florida Statutes. The rules adopted pursuant to
 7  this section shall not take effect for 6 months following the
 8  adoption of the rules or May 31, 2007, whichever occurs
 9  sooner.  The provisions of subsection (3) of section 109 of
10  chapter 2000-141, Laws of Florida, are expressly superseded.
11         Section 2.  Subsections (1) and (2) of section 399.15,
12  Florida Statutes, are amended to read:
13         399.15  Regional emergency elevator access.--
14         (1)  In order to provide emergency access to elevators:
15         (a)  For each building in this state which is six or
16  more stories in height, including, but not limited to, hotels
17  and condominiums, on which a building permit is issued
18  construction is begun after September 30, 2006 June 30, 2004,
19  all of the keys for elevators that allow public access,
20  including, but not limited to, service and freight elevators,
21  must be keyed so as to allow all elevators within each of the
22  seven state emergency response regions to operate in fire
23  emergency situations with one master elevator key.
24         (b)  Any building in this state which is six or more
25  stories in height and has undergone "substantial improvement"
26  as defined in s. 161.54(12) must also comply with paragraph
27  (a).
28         (2)  Each existing building in this state which is six
29  or more stories in height must comply with subsection (1)
30  before October 1, 2009 July 1, 2007.
31  
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 1         Section 3.  Subsections (10) and (11) of section
 2  553.71, Florida Statutes, are amended to read:
 3         553.71  Definitions.--As used in this part, the term:
 4         (10)  "Exposure category C" means, except in the high
 5  velocity hurricane zone, that area which lies within 1,500
 6  feet of the coastal construction control line, or within 1,500
 7  feet of the mean high tide line, whichever is less. On barrier
 8  islands, exposure category C shall be applicable in the
 9  coastal building zone set forth in s. 161.55(5).
10         (10)(11)  "Prototype building" means a building
11  constructed in accordance with architectural or engineering
12  plans intended for replication on various sites and which will
13  be updated to comply with the Florida Building Code and
14  applicable laws relating to firesafety, health and sanitation,
15  casualty safety, and requirements for persons with
16  disabilities which are in effect at the time a construction
17  contract is to be awarded.
18         Section 4.  Subsection (6) of section 553.73, Florida
19  Statutes, is amended to read:
20         553.73  Florida Building Code.--
21         (6)(a)  The commission, by rule adopted pursuant to ss.
22  120.536(1) and 120.54, shall update the Florida Building Code
23  every 3 years. When updating the Florida Building Code, the
24  commission shall select the most current version of the
25  International Building Code, the International Fuel Gas Code,
26  the International Mechanical Code, the International Plumbing
27  Code, and the International Residential Code, all of which are
28  adopted by the International Code Council, and the National
29  Electrical Code, which is adopted by the National Fire
30  Protection Association, to form the foundation codes of the
31  updated Florida Building Code, if the version has been adopted
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 1  by the applicable model code entity International Code Council
 2  and made available to the public at least 6 months prior to
 3  its selection by the commission.
 4         (b)  Codes regarding noise contour lines shall be
 5  reviewed annually, and the most current federal guidelines
 6  shall be adopted.
 7         (c)  The commission may modify any portion of the
 8  foundation codes only as needed to accommodate the specific
 9  needs of this state, maintaining Florida-specific amendments
10  previously adopted by the commission and not addressed by the
11  updated foundation code. Standards or criteria referenced by
12  the codes shall be incorporated by reference. If a referenced
13  standard or criterion requires amplification or modification
14  to be appropriate for use in this state, only the
15  amplification or modification shall be set forth in the
16  Florida Building Code. The commission may approve technical
17  amendments to the updated Florida Building Code after the
18  amendments have been subject to the conditions set forth in
19  paragraphs (3)(a)-(d). Amendments to the foundation codes
20  which are adopted in accordance with this subsection shall be
21  clearly marked in printed versions of the Florida Building
22  Code so that the fact that the provisions are Florida-specific
23  amendments to the foundation codes is readily apparent.
24         (d)  The commission shall further consider the
25  commission's own interpretations, declaratory statements,
26  appellate decisions, and approved statewide and local
27  technical amendments and shall incorporate such
28  interpretations, statements, decisions, and amendments into
29  the updated Florida Building Code only to the extent that they
30  are needed to modify the foundation codes to accommodate the
31  specific needs of the state. A change made by an institute or
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 1  standards organization to any standard or criterion that is
 2  adopted by reference in the Florida Building Code does not
 3  become effective statewide until it has been adopted by the
 4  commission. Furthermore, the edition of the Florida Building
 5  Code which is in effect on the date of application for any
 6  permit authorized by the code governs the permitted work for
 7  the life of the permit and any extension granted to the
 8  permit.
 9         (e)  A rule updating the Florida Building Code in
10  accordance with this subsection shall take effect no sooner
11  than 6 months after publication of the updated code. Any
12  amendment to the Florida Building Code which is adopted upon a
13  finding by the commission that the amendment is necessary to
14  protect the public from immediate threat of harm takes effect
15  immediately.
16         (f)  Upon the conclusion of a triennial update to the
17  Florida Building Code, notwithstanding the provisions of this
18  subsection or subsection (3), the commission may address
19  issues identified in this paragraph by amending the code
20  pursuant only to the rule adoption procedures contained in
21  chapter 120. Following the approval of any amendments to the
22  Florida Building Code by the commission and publication of the
23  amendments on the commission's website, authorities having
24  jurisdiction to enforce the Florida Building Code may enforce
25  the amendments. The commission may approve amendments that are
26  needed to address:
27         1.  Conflicts within the updated code;
28         2.  Conflicts between the updated code and the Florida
29  Fire Prevention Code adopted pursuant to chapter 633;
30         3.  The omission of previously adopted Florida-specific
31  amendments to the updated code if such omission is not
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 1  supported by a specific recommendation of a technical advisory
 2  committee or particular action by the commission; or
 3         4.  Unintended results from the integration of
 4  previously adopted Florida-specific amendments with the model
 5  code.
 6         Section 5.  Subsection (5) is added to section 553.775,
 7  Florida Statutes, to read:
 8         553.775  Interpretations.--
 9         (5)  Notwithstanding the other provisions of this
10  section, the Florida Accessibility Code for Building
11  Construction and chapter 11 of the Florida Building Code may
12  not be interpreted by, and are not subject to review under,
13  any of the procedures specified in this section. This
14  subsection has no effect upon the commission's authority to
15  waive the Florida Accessibility Code for Building Construction
16  as provided by s. 553.512.
17         Section 6.  Paragraphs (f) and (h) of subsection (1) of
18  section 553.791, Florida Statutes, are amended, subsections
19  (5), (7)-(10), (12), (13), (15), (16), and (18) of that
20  section are renumbered as subsections (6), (8)-(11), (13),
21  (14), (16), (17), and (19), respectively, a new subsection (5)
22  is added to that section, and present subsections (6), (11),
23  (14), and (17) of that section are amended, to read:
24         553.791  Alternative plans review and inspection.--
25         (1)  As used in this section, the term:
26         (f)  "Permit application" means a properly completed
27  and submitted application for the requested building or
28  construction permit, including:
29         1.  The plans reviewed by the private provider.
30         2.  The affidavit from the private provider required
31  pursuant to subsection (6) (5).
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 1         3.  Any applicable fees.
 2         4.  Any documents required by the local building
 3  official to determine that the fee owner has secured all other
 4  government approvals required by law.
 5         (h)  "Request for certificate of occupancy or
 6  certificate of completion" means a properly completed and
 7  executed application for:
 8         1.  A certificate of occupancy or certificate of
 9  completion.
10         2.  A certificate of compliance from the private
11  provider required pursuant to subsection (11) (10).
12         3.  Any applicable fees.
13         4.  Any documents required by the local building
14  official to determine that the fee owner has secured all other
15  government approvals required by law.
16         (5)  After construction has commenced and if the local
17  building official is unable to provide inspection services in
18  a timely manner, the fee owner or the fee owner's contractor
19  may elect to use a private provider to provide inspection
20  services by notifying the local building official of the
21  owner's or contractor's intention to do so no less than 7
22  business days prior to the next scheduled inspection using the
23  notice provided for in paragraphs (4)(a)-(c).
24         (7)(6)(a)  No more than 30 business days after receipt
25  of a permit application and the affidavit from the private
26  provider required pursuant to subsection (6) (5), the local
27  building official shall issue the requested permit or provide
28  a written notice to the permit applicant identifying the
29  specific plan features that do not comply with the applicable
30  codes, as well as the specific code chapters and sections. If
31  the local building official does not provide a written notice
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 1  of the plan deficiencies within the prescribed 30-day period,
 2  the permit application shall be deemed approved as a matter of
 3  law, and the permit shall be issued by the local building
 4  official on the next business day.
 5         (b)  If the local building official provides a written
 6  notice of plan deficiencies to the permit applicant within the
 7  prescribed 30-day period, the 30-day period shall be tolled
 8  pending resolution of the matter. To resolve the plan
 9  deficiencies, the permit applicant may elect to dispute the
10  deficiencies pursuant to subsection (13) (12) or to submit
11  revisions to correct the deficiencies.
12         (c)  If the permit applicant submits revisions, the
13  local building official has the remainder of the tolled 30-day
14  period plus 5 business days to issue the requested permit or
15  to provide a second written notice to the permit applicant
16  stating which of the previously identified plan features
17  remain in noncompliance with the applicable codes, with
18  specific reference to the relevant code chapters and sections.
19  If the local building official does not provide the second
20  written notice within the prescribed time period, the permit
21  shall be issued by the local building official on the next
22  business day.
23         (d)  If the local building official provides a second
24  written notice of plan deficiencies to the permit applicant
25  within the prescribed time period, the permit applicant may
26  elect to dispute the deficiencies pursuant to subsection (13)
27  (12) or to submit additional revisions to correct the
28  deficiencies. For all revisions submitted after the first
29  revision, the local building official has an additional 5
30  business days to issue the requested permit or to provide a
31  written notice to the permit applicant stating which of the
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 1  previously identified plan features remain in noncompliance
 2  with the applicable codes, with specific reference to the
 3  relevant code chapters and sections.
 4         (12)(11)  No more than 2 business days after receipt of
 5  a request for a certificate of occupancy or certificate of
 6  completion and the applicant's presentation of a certificate
 7  of compliance and approval of all other government approvals
 8  required by law, the local building official shall issue the
 9  certificate of occupancy or certificate of completion or
10  provide a notice to the applicant identifying the specific
11  deficiencies, as well as the specific code chapters and
12  sections. If the local building official does not provide
13  notice of the deficiencies within the prescribed 2-day period,
14  the request for a certificate of occupancy or certificate of
15  completion shall be deemed granted and the certificate of
16  occupancy or certificate of completion shall be issued by the
17  local building official on the next business day. To resolve
18  any identified deficiencies, the applicant may elect to
19  dispute the deficiencies pursuant to subsection (13) (12) or
20  to submit a corrected request for a certificate of occupancy
21  or certificate of completion.
22         (15)(14)(a)  No local enforcement agency, local
23  building official, or local government may adopt or enforce
24  any laws, rules, procedures, policies, qualifications, or
25  standards more stringent than those prescribed by this
26  section.
27         (b)  A local enforcement agency, local building
28  official, or local government may establish, for private
29  providers and duly authorized representatives working within
30  that jurisdiction, a system of registration to verify
31  
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 1  compliance with the licensure requirements of paragraph (1)(g)
 2  and the insurance requirements of subsection (16) (15).
 3         (c)  Nothing in this section limits the authority of
 4  the local building official to issue a stop-work order for a
 5  building project or any portion of such order, as provided by
 6  law, if the official determines that a condition on the
 7  building site constitutes an immediate threat to public safety
 8  and welfare.
 9         (18)(17)  Each local building code enforcement agency
10  may audit the performance of building code inspection services
11  by private providers operating within the local jurisdiction.
12  Work on a building or structure may proceed after inspection
13  and approval by a private provider if the provider has given
14  notice of the inspection pursuant to subsection (9) (8) and,
15  subsequent to such inspection and approval, the work may not
16  be delayed for completion of an inspection audit by the local
17  building code enforcement agency.
18         Section 7.  Subsection (5) of section 633.0215, Florida
19  Statutes, is amended to read:
20         633.0215  Florida Fire Prevention Code.--
21         (5)  Upon the conclusion of a triennial update to the
22  Florida Fire Prevention Code and notwithstanding any other
23  provisions of law, the State Fire Marshal may address the
24  issues identified in this subsection by amending the Florida
25  Fire Prevention Code, subject only to the rule adoption
26  procedures of chapter 120. Following the approval of any
27  amendments to the Florida Fire Prevention Code by the State
28  Fire Marshal and publication on the State Fire Marshal's
29  website, authorities having jurisdiction to enforce the
30  Florida Fire Prevention Code may enforce the amendments to the
31  
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 1  code. The State Fire Marshal may approve only amendments that
 2  are needed to address:
 3         (a)  Conflicts within the updated Florida Fire
 4  Prevention Code;
 5         (b)  Conflicts between the updated Florida Fire
 6  Prevention Code and the Florida Building Code adopted pursuant
 7  to chapter 553;
 8         (c)  The omission of Florida-specific amendments that
 9  were previously adopted in the Florida Fire Prevention Code;
10  or
11         (d)  Unintended results from the integration of
12  Florida-specific amendments that were previously adopted with
13  the model code. The State Fire Marshal may approve technical
14  amendments notwithstanding the 3-year update cycle of the
15  Florida Fire Prevention Code upon finding that a threat to
16  life exists that would warrant such action, subject to chapter
17  120.
18         Section 8.  Present subsections (8) through (27) of
19  section 633.021, Florida Statutes, are redesignated as
20  subsections (9) through (28), respectively, and a new
21  subsection (8) is added to that section, to read:
22         633.021  Definitions.--As used in this chapter:
23         (8)  A "fire hydrant" is a connection to a water main,
24  elevated water tank, or other source of water for the purpose
25  of supplying water to a fire hose or other fire protection
26  apparatus for fire-suppression operations.
27         Section 9.  Section 633.082, Florida Statutes, is
28  amended to read:
29         633.082  Inspection of fire control systems, fire
30  hydrants, and fire protection systems.--
31  
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 1         (1)  The State Fire Marshal shall have the right to
 2  inspect any fire control system during and after construction
 3  to determine that such system meets the standards set forth in
 4  the laws and rules of the state.
 5         (2)  Fire hydrants and fire protection systems
 6  installed in public and private properties, except one-family
 7  or two-family dwellings, in this state shall be inspected
 8  following procedures established in the nationally recognized
 9  inspection, testing, and maintenance standards NFPA-24 and
10  standard NFPA-25 as set forth in the edition adopted by the
11  State Fire Marshal. Quarterly, annual, 3-year, and 5-year
12  inspections consistent with the contractual provisions with
13  the owner shall be conducted by the certificateholder or
14  permittees employed by the certificateholder pursuant to s.
15  633.521.
16         (3)  The inspecting contractor shall provide to the
17  building owner or hydrant owner and the local authority having
18  jurisdiction a copy of the applicable inspection report
19  established under this chapter s. 633.071(3). The maintenance
20  of fire hydrant and fire protection systems as well as
21  corrective actions on deficient systems is the responsibility
22  of the owner of the system or hydrant. This section does not
23  prohibit governmental entities from inspecting and enforcing
24  firesafety codes.
25         (4)  At least once each year, each fire hydrant shall
26  be opened fully and the water allowed to flow until all
27  foreign materials have cleared the hydrant. The flow shall be
28  maintained for not less than 1 minute.
29         (5)  If a fire hydrant is made nonfunctional by the
30  closing of a water supply valve, the valve must immediately be
31  tagged with a red tag that is boldly marked "nonfunctional"
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 1  and the local fire authority notified that the hydrant is
 2  nonfunctional.
 3         Section 10.  Section 633.5391, Florida Statutes, is
 4  repealed.
 5         Section 11.  This act shall take effect July 1, 2006.
 6  
 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                     CS for Senate Bill 1774
 9                                 
10  The committee substitute clarifies that the rules adopted by
    the Florida Building Commission will not take effect until six
11  months after their adoption or March 31, 2007, whichever is
    sooner.  It eliminates redundant language regarding the repeal
12  of the provisions of subsection (3) of s. 109 of ch. 2000-141,
    L.O.F.
13  
    The CS amends s. 399.15, F.S., to extend the effective dates
14  for the elevator master key requirement for fire emergency
    situations.
15  
    The CS amends s. 553.791, F.S., to provide that the building
16  owner or his or her contractor may elect to use a private
    provider for building inspection services after construction
17  has begun and if the local building official is unable to
    provide inspection services in a timely manner.
18  
    The CS amends s. 633.0215, F.S., to revise the existing Fire
19  Prevention Code development process to enable the State Fire
    Marshal to address certain issues through streamlined
20  amendatory procedures.
21  The CS amends s. 633.0281, F.S., to define the term "fire
    hydrant."  It also amends s. 633.082, F.S., to establish
22  requirements for the inspection of fire hydrants.
23  The CS appeals s. 633.5391, F.S., relating to inspection of
    backflow prevention  assemblies inspection.
24  
25  
26  
27  
28  
29  
30  
31  
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